Eviction of pensioners from service housing

Is it possible to evict from a service living space?

Such real estate belongs to the specialized housing stock . Eviction from it, if necessary, is possible, but with a number of exceptions. And there are a lot of them.

Judicial practice in such cases is ambiguous. If the matter is controversial, and often it is, then the one who shows more persistence will win it. Many nuances in such proceedings lead to the fact that when applications are submitted to different courts (for example, the district and Supreme), they can issue different verdicts. And there are examples of this.

Article 103 of the Housing Code of the Russian Federation is the main one for considering issues of eviction from official housing in Russia, as well as exceptions and nuances. When drawing up an application, it is worth indicating this as the basis. But the requirements for residence, as well as the specifics of drawing up the contract, are specified in Articles 92-109 of the Housing Code.

Along with the residential complex, the previous code from the times of the USSR is still applied. If some articles from it do not contradict the modern version, then they are used for a more correct decision on the case under consideration.

The Housing Code of the Russian Federation in its modern form has existed since March 1, 2005. Some points are not taken into account at all, i.e. it is impossible to determine from it how to interpret individual situations.

A person can be evicted from official housing:

1. The owner of the premises is the lessor. As a rule, this is the organization that provided the apartment - the employer, for example. It happens that there is a transition from one owner to another, and the tenant is asked to move out.
2. The formal tenant of the living space. A person or family living in an apartment provided by an organization.

Consequently, it is impossible to evict people from the neighboring apartment from service housing - you can only complain about them to the landlord. The tenant himself can ask for the eviction of those with whom he shares the same living space.

Who sues and which side they take depends on the circumstances. In particular, from who is planned to be evicted and for what reason.

When moving into a service apartment, a contract is signed. Often it is compiled independently by the owner of the premises. In the future, the organization may indicate any clauses of this agreement, according to which the person must move out. But these conditions cannot contradict the articles of the LC. If this happens, the court is obliged to invalidate them.

A person can be evicted provided that he:

• there is somewhere to move;
• provided other housing;
• given a period to eliminate the causes of claims, if they were the reason for filing a lawsuit;
• sufficient time was given to vacate the premises and find another place to live.

Cases of eviction from official housing regarding judicial practice

In judicial practice there are many examples of proceedings regarding eviction from official housing. Let's talk about one of them.

After all, there are many families in the country living in apartments of organizations, industries and educational institutions. So, the military institute once decided to show the door to the ex-wife of a citizen who was a military man by occupation and who owned documents that spoke in favor of the right to purchase an apartment under a lease agreement. They motivated their actions by the fact that the marriage was dissolved, and she did not hold any position in their institution, which allowed the institution to demand the eviction of the citizen from the service apartment immediately.

Two proceedings were held when the case was transferred to the Supreme Court, where the plaintiff, of course, was rejected. This answer was justified by the fact that the lease agreement at that time did not contain a word about an additional termination condition other than those prescribed in the Housing Code of the Russian Federation. In other words, high-ranking officials can issue any document they need, but it cannot be above the law.

It was concluded:

• Only the tenant and no one else has the right to evict;
• The law does not give the landlord the right to kick someone out of official housing.

The second argument of the court was the following: if family relations were terminated, then the right of exploitation for the previous family member is not retained. There is one thing. Unless otherwise established by the employer and a previous member of his family.

With a minor child?

Unlike many other situations, there is no strict restriction for eviction of a minor child under 18 years of age from service housing . There are a number of persons who cannot be expelled from the premises; minors are not included in this list.

If the court finds the grounds for forcibly vacating the premises sufficient, then citizens under 18 years of age will not become an obstacle. The only thing the defendant can do in this case is to try to challenge the decision.

It is quite difficult to evict a minor not from an official premises, but from any other residential premises, which we talk about in detail here.

Eviction from service housing with a minor child

A separate question is what to do if a family is facing eviction from service housing with a minor child. Unfortunately, in accordance with the law, a child cannot serve as a basis for preventing eviction, however, in this case, the court, based on the opinion of the guardianship authorities, can provide a certain delay, during which the family could solve financial problems and find a new place to live with the minor .

In addition, when resolving the issue of eviction of a minor, the existence of grounds is checked to allow the family with a minor child to retain the right to use housing - for example, an orphan whose parents died or disappeared in the line of duty cannot be evicted from the residential premises of a specialized fund.

Causes

For what reasons are people evicted from a service apartment? There are many reasons for a citizen to be asked to vacate an office premises.

The interested party can be both the landlord and people living in the same apartment/room.

The main reasons why people usually go to court for eviction (subject to refusal to vacate the premises):

• The term of the contract, according to which the citizen was supposed to use this housing, had expired.
• The composition of the family has changed - for example, a couple divorced.
• Termination of the contract due to violation of its terms by the employer.
• The property has passed into the possession of another owner.
• The tenant did not pay bills for the use of residential premises and utilities (you will learn how eviction from a municipal apartment occurs for the same reason here).
• Termination of activities during which official housing was provided.
• If a resident interfered with neighbors by his behavior, systematically violated their legitimate interests and rights.
• If the original contract for the provision of living space was declared invalid.

A person who is being disturbed by a neighbor from another premises (apartment, dorm room) cannot sue for eviction on his own . However, he can collect the signatures of other tenants, their statements and confirmations, and then complain to the landlord. And the issue of depriving a citizen of the right of residence will be resolved through the court.

Options for deprivation of housing

There are only two options for deprivation of housing:

1. Provided otherwise.
2. No provision.

In the first case, all responsibility falls on the owner institution, in the second - on the employer.

The decision depends on the circumstances of the case and how realistic it is for the citizen to find another place of residence and pay for it.

In what cases, according to the law, is it possible to evict a person without providing him with another living space, we described in this material.

Denial of right of residence

Denial of the right to reside in office premises is possible only through the court, and in this way the landlord or tenant often achieves the desired result. But there are categories of citizens who cannot be evicted without certain conditions.

The following are protected by law in this regard:

1. The family of a person who worked for the company that owns the living space.
2. Pensioners on old-age pensions.
3. Families of people who died or went missing in the line of duty while working in an organization or department that provides housing.
4. People who were seriously injured or suffered deterioration of health while working at an enterprise or during service. Such cases include injury, contusion, wounds, work-related injuries, as well as the development of occupational diseases. This means that health problems arose precisely while working/serving in the organization providing this living space.
5. Orphans and children left without parental care. At the same time, the age of 18 is not the limit - after reaching it, the right to housing remains with them.

These people can only be evicted if they are provided with alternative housing. However, there are exceptions. People in this category may be deprived of living space if they have their own property. Or if their close relatives have an apartment where they “fit” according to the standards of square meters per person. This could be their parents or children.

Also an exception are situations when residents from the above category of citizens are not listed as employers themselves and are not related to the employer. For example:

1. In fact, the person who died in the line of duty has a family - a wife and child. But the marriage is not formally registered, the father is not listed on the birth certificate. In this case, the landlord has the right to evict the family.
2. Family relations were terminated.

There are also other categories of people who cannot be evicted , but only if they became tenants before March 1, 2005:

1. Family members of military personnel or equivalent.
2. They work for the landlord, but have changed positions.
3. They were laid off in the organization that owns the living space, or the institution was liquidated.
4. They are military veterans.
5. They have been working for the landlord, who is the owner of the residential premises, for more than 10 years.
6. They live with minor children.

It turns out that children are subject to the impossibility of eviction only if the family rented the premises before the beginning of March 2005 . As of 2020, these are persons at least 11 years of age, and over time this part of the law will simply go away due to inconsistency.

Even if a person can be legally evicted upon termination of family relationships, and the landlord tries to do this, the tenant’s word carries great weight. If he does not agree, then the person can be allowed to continue living in the apartment.

The procedure for providing service apartments to citizens

To begin with, we should explain the difference between housing from the municipal fund and service housing . Although in both cases we are talking about so-called public housing, there is still a difference in these two concepts, and a significant one. Firstly, official housing is provided to a citizen due to his official duties. Those. if you are an employee of a budget organization and do not have your own housing in the region where you operate, then you have every right to receive official housing by order of your superiors. As a rule, in such cases we are talking about law enforcement officers and military personnel. Less common are cases of providing official housing to doctors or education workers.

Secondly, if citizens can live in an apartment occupied by social rent indefinitely and subsequently privatize it, then in the case of official housing everything is far from being the case, because it is usually provided for a certain period (usually the period of service in the department/organization), and without the right to privatization. This is explained by the fact that personnel tend to be constantly updated, and tomorrow another employee may enter the service in need of departmental housing. Therefore, it is usually not customary to “give away” apartments from the organization’s fund.

Plus, in order for an apartment to be provided, the employee and his family must first of all need it. If, for example, a contract for the use of official housing was concluded for 3 years, and the user of the official apartment (or members of his family) acquired ownership of housing that meets the mandatory requirements and is suitable for living, then the official apartment must be rented out ahead of schedule. This condition is usually specified in the contract. Although the norms of the Housing Code of the Russian Federation in this case take the side of the tenants, and do not recommend mandatory termination of the employment contract if the employee still continues to work at this enterprise.

Naturally, many people have a question: where do these service apartments come from? How is the housing stock of a particular enterprise or department formed?

The fact is that the state owns a so-called municipal fund, which is distributed on terms of rent or sublease among citizens who do not have the opportunity to purchase housing as their own, as well as between state budget departments. It turns out that if citizen A., working at an enterprise, was allocated a service apartment, then most likely it is the property not of the enterprise, but of the state. Those. the business is most likely an employer rather than an owner. This means that the primary rental agreement between the enterprise and the state may expire, and citizen A. will be forced to vacate the premises.

Order

Eviction from official housing is one of the most painful issues for citizens who have undergone this procedure or are under threat of it. Unlike deprivation of the right to live in other apartments, there is sometimes no need for compelling reasons - the organization’s desire to vacate the premises is sufficient. To achieve this goal, there are many options: termination of the contract, changing the purpose of the object, selling it, and so on. Citizens have few opportunities to protect their rights.

But the deadline for eviction is quite long. This is due to a considerable number of actions that the employer needs to complete before he achieves his goal:

• Grounds for deprivation of the right of residence and the need to document them.
• Resident notification.
• His refusal to leave the premises, preferably in writing.
• Filing a lawsuit.
• The process itself.
• Possible review of the case by the supervisory and cassation authorities.

If the court decision was made in favor of the plaintiff, then the tenant receives an eviction notice , and a certain time is given for this. A sample of this notice can be easily found on the Internet. The period can reach several months, depending on the circumstances of the case and the financial situation of the citizen.

Compliance with a certain procedure and the presence of compelling reasons is required not only to evict a person from official housing. Our experts explain how eviction occurs in various situations in the following publications:

• On what grounds and in what order can a person be evicted from an apartment?
• What are the grounds for evicting a person from a non-privatized apartment?
• How does eviction from public housing work?
• In what case can a person be evicted from a privatized apartment?
• How to properly evict tenants from a communal apartment?
• Rules for eviction of a registered person from an apartment if he is not the owner.

Judicial practice on eviction

The limitation period for claims with general grounds is three years. This standard is mistakenly called the limit for filing relevant applications. It is understood that the owner cannot subsequently organize a forced eviction through the courts.

This statement is valid only if the owner is forgetful and did not take any active action during the indicated period. The responsible owner may file a negative application. In this case, the mentioned limitation period does not apply. The claim is filed mentioning violations that impede the exercise of rights to dispose of real estate.

The law clearly defines the list of those who cannot be evicted from official housing. However, judicial practice confirms the existence of special decisions. Below are relevant examples.

Eviction of minors

In this situation, the tenant can confirm a difficult financial situation that prevents the rental of another property. When comparing alternative facilities, current standards for the minimum area per person are taken into account. The court may postpone eviction from official housing with a minor child without providing other real estate for a long time.

Eviction of pensioners

After the end of the employment relationship, regardless of age, the employee loses the right to live in a company apartment. However, the rule does not apply if he does not have other real estate. Eviction is only permissible to other housing under a social tenancy agreement.

Nuances of eviction by type of service

Types of service (Ministry of Emergency Situations, Ministry of Internal Affairs, military) generally do not affect the eviction procedure. Eviction of a military personnel (family members) is permissible in the following cases:

• dismissal;
• provision of other official housing;
• acquisition (receipt) of real estate.

Thus, when transferred to another garrison, you will have to rent out the “old” apartment, regardless of the results of a comparative analysis with the parameters of the new place of residence.

Precise use of the recommendations given will help minimize problems when using office premises. If the problem is not resolved during negotiations, they go to court. To prove that you are right, you need to carefully prepare documentary evidence based on the current norms of the legislation of the Russian Federation.

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You may be interested in: the procedure for obtaining official housing for military personnel in 2020.

Nuances and features

There are certain features associated with eviction or attempts to evict people of certain categories. It is useful for those who relate to them to know this.

A pensioner of the Ministry of Internal Affairs cannot be evicted from official housing if during his service he never received ownership of any living space. If management tries to deprive such a person of his place of residence, he can safely file a counterclaim, indicating Art. 103 LCD. Legally, he can be forced to leave the premises only if he is given an equivalent option.

The requirements for military personnel who are not pensioners are stricter. They can be evicted on a general basis if they violate the rules for using the premises or the rights of neighbors. Upon termination of the employment contract, such a citizen is also deprived of the right to housing.

A minor child must be provided with another place to live only if he is an orphan or left without guardianship. Also, he cannot be evicted without providing other housing if he moved in before March 2005. The same applies to families with minor children.

When a person is deprived of the right of residence, if the organization does not provide other living space, it is obliged to give time to find another apartment. How long this period will last is decided by the court. Much depends on financial and sometimes territorial capabilities. An extended period is given to low-income people and families with children.

In some cases, neighbors or persons interested in vacating the premises may sue for eviction.

This should be done through the owner organization, but if it is not involved in this issue, then the court may accept an application from an outsider.

Who cannot be evicted from a service apartment?

There is a whole category of citizens who cannot be evicted from official housing without the provision of another apartment (Article 103 of the Housing Code of the Russian Federation). The ban applies only if the family has no other housing with the right of use or ownership.

This special category includes:

• disabled military personnel;
• WWII veterans;
• combat veterans;
• elderly pensioners;
• orphans, including those whose parents died in service;
• families of military personnel killed or missing in the line of duty, representatives of the FSB, law enforcement, customs authorities, firefighters;
• employees who have worked for more than ten years.

All persons living in specialized housing must be registered as in need of improved housing conditions . They cannot evict tenants who moved in before the Housing Code of the Russian Federation came into force (2005), or those living under a social tenancy agreement or who have the right to be registered as such (Article 52 of the Housing Code of the Russian Federation). If an employee has worked for 10 years, and the apartment is on the balance of the local government, it is also impossible to evict his family after dismissal.

Resolution of the Supreme Court of the Russian Federation No. 14 notes that when evicting, all courts must take into account the interests of vulnerable sections of society, which include children, pensioners, disabled people, low-income citizens, including large families.

What to do?

Such situations are often catastrophic for families, especially if renting a home will be very expensive. Often such an organization’s decision is also sudden. Therefore, the first question is: is it possible to fight for your rights and is it worth doing?

The answer is clear: it’s worth it. And judicial practice shows that the most persistent landlords were able to defend their rights through the courts or at least delay the eviction process for several years. This is possible if there were no serious violations on the part of the citizen, and the organization’s demand is related solely to the desire to vacate the living space.

What can an employer do?

1. Correct your wrongdoings and correct their consequences, if any.
2. File a counterclaim of disagreement with the organization’s decision.
3. If the district court has already rendered its verdict, apply to the Supreme Court with a request to reconsider the case. This often produces tangible results.
4. Try to negotiate the provision of other housing in return.
5. If possible, hire a lawyer or at least visit the same lawyer for consultations.
6. According to the court decision, there is a statute of limitations of 3 years. If you don’t move out during this time, the organization will have to do everything all over again.

Practice shows that it is quite simple to evict from official housing if the citizen does not offer any resistance in legislative terms. Organizations often use this. But if a person takes matters into his own hands, then in many cases he can stay in the apartment forever, or for several more years.

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